Wexler, Patricia, M.D

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF PATRICIA WEXLER, M.D.

CONSENT ORDER, ETC., INREGARD TO ALLEGED VIOLATION OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3400. Complaint, Aug. 31, 1992--Decision Aug. 31, 1992 This consent order prohibits, among other things, a New York doctor from misrepresenting the efficiency of Omexin, a hair loss treatment, or any similar treatment concerning the curtailment of hair loss or the promotion of hair growth, and from making certain representations unless she possesses competent and reliable scientific evidence to substantiate such representations. The respondent also is prohibited from disseminating or assisting with the dissemination of a program-length advertisement regarding baldness. Appearances For the Commission: Lesley A. Fair, Lisa B. Kopchik and Michael J. Bloom.

For the respondent: Mary D. Dorman, New York, N.Y. COMPLAINT The Federal Trade Commission, having reason to believe that Patricia Wexler, M.D., hereinafter sometimes referred to as respondent, has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

PARAGRAPH 1. Respondent Patricia Wexler, M.D. ("Wexler") is or was at relevant times herein a medical doctor licensed to practice by the State of New York, with a specialty in dermatology. Dr. Wexler's business address is 568 Broadway, New York, New York. Dr. Wexler has aided in the promotion of the Omexin System for Hair ("Omexin"), a purported treatment for hair loss, by providing an endorsement of the product on the program-length television Complaint LIS F.T.C.

advertisement entitled Cans 1 3 1 1 4 1256 643 82 35 96.371300 You5 1 3 1 1 5 1359 644 89 36 96.838509 Beat5 1 3 1 1 6 1467 644 215 37 92.848808 Baldness? The advertisements in which respondent Wexler appears depict her as possessing an expertise in dermatology and hair loss superior to that generally acquired by ordinary individuals. Respondent has received compensation for the use of her endorsements in advertisements for Omexin.

PAR. 2. Omexin is a food, drug, device, or cosmetic, within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.

PAR. 3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as commerce is defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. 44.

PAR. 4. Respondent has made statements as an expert endorser in advertisements for Omexin, including but not necessarily limited to the attached Exhibit A. The aforesaid advertisements contain the following statements:

]. Dr. Wexler: We5 1 4 1 1 5 1064 1700 72 28 96.693520 have5 1 4 1 1 6 1146 1700 117 37 96.683670 patients5 1 4 1 1 7 1274 1701 28 27 96.504829 in5 1 4 1 1 8 1313 1701 66 28 95.104317 both5 1 4 1 1 9 1390 1710 16 19 95.104317 a5 1 4 1 1 10 1417 1701 193 29 96.895409 double-blind5 1 4 1 1 11 1622 1703 80 36 96.845306 study5 1 4 1 1 12 1714 1703 54 28 96.993874 ands 1 4 1 1 13 1780 1703 80 37 96.541000 using5 1 4 1 1 14 1873 1704 73 27 96.595116 what5 1 4 1 1 15 1957 1712 44 19 96.871521 we4 1 4 1 2 0 665 1746 1335 42 -1 5 1 4 1 2 1 665 1746 132 29 96.835129 considers 1 4 1 2 2 806 1752 28 23 96.835129 to5 1 4 1 2 3 845 1747 35 28 96.443611 be5 1 4 1 2 4 891 1756 15 19 95.231804 a5 1 4 1 2 5 917 1756 67 28 95.231804 very5 1 4 1 2 6 995 1747 91 29 96.929382 active5 1 4 1 2 7 1097 1747 164 37 96.395538 ingredient,5 1 4 1 2 8 1273 1749 53 27 96.960037 ands 1 4 1 2 9 1338 1749 73 28 96.862572 what5 1 4 1 2 10 1422 1750 87 28 87.094658 we've5 1 4 1 2 11 1520 1758 66 20 96.925598 seen5 1 4 1 2 12 1598 1750 23 28 96.925598 is5 1 4 1 2 13 1632 1750 56 28 95.887032 that5 1 4 1 2 14 1698 1751 119 36 95.887032 patients5 1 4 1 2 15 1829 1759 45 20 96.710754 ares 1 4 1 2 16 1885 1752 115 36 96.948700 ceasing4 1 4 1 3 0 664 1793 1334 38 -1 5 1 4 1 3 1 664 1798 28 24 96.414253 to5 1 4 1 3 2 703 1794 61 28 96.414253 loses 1 4 1 3 3 774 1793 70 28 96.401054 theirs 1 4 1 3 4 853 1793 59 28 96.401054 hairs 1 4 1 3 5 922 1802 66 28 96.878700 very5 1 4 1 3 6 999 1794 113 36 96.889458 quickly5 1 4 1 3 7 1124 1794 96 28 96.927925 within5 1 4 1 3 8 1231 1794 112 37 91.364403 starting5 1 4 1 3 9 1354 1795 121 29 91.364403 Omexin5 1 4 1 3 10 1487 1796 53 28 96.915649 ands 1 4 1 3 11 1551 1797 64 27 96.986122 then5 1 4 1 3 12 1626 1797 95 28 96.902000 within5 1 4 1 3 13 1733 1806 15 19 96.902000 a5 1 4 1 3 14 1759 1797 75 28 95.971214 short5 1 4 1 3 15 1844 1797 67 28 96.849716 times 1 4 1 3 16 1922 1798 76 32 96.553757 after,4 1 4 1 4 0 664 1840 1336 40 -1 5 1 4 1 4 1 664 1840 67 36 96.148544 they5 1 4 1 4 2 748 1845 65 23 96.616516 starts 1 4 1 4 3 829 1840 97 36 96.616516 seeing5 1 4 1 4 4 942 1848 63 20 96.545456 news 1 4 1 4 5 1021 1840 60 28 96.545456 hairs 1 4 1 4 6 1095 1848 111 29 96.893867 appear.5 1 4 1 4 7 1235 1841 44 28 93.294197 It's5 1 4 1 4 8 1294 1846 49 23 96.994019 not5 1 4 1 4 9 1353 1841 59 37 96.819954 just5 1 4 1 4 10 1426 1841 75 34 96.819954 fuzz,5 1 4 1 4 11 1517 1842 82 28 96.456421 we're5 1 4 1 4 12 1614 1843 98 36 96.674492 seeing5 1 4 1 4 13 1727 1843 92 28 96.729630 actual5 1 4 1 4 14 1834 1843 166 37 96.779419 pigmented4 1 4 1 5 0 664 1886 1334 38 -1 5 1 4 1 5 1 664 1886 127 28 96.245499 terminals 1 4 1 5 2 803 1886 68 33 96.942963 hair,5 1 4 1 5 3 883 1886 93 28 96.996353 which5 1 4 1 5 4 988 1886 23 28 96.898529 is5 1 4 1 5 5 1024 1895 67 28 96.910461 very5 1 4 1 5 6 1102 1887 123 37 97.005920 exciting5 1 4 1 5 7 1237 1887 44 29 97.001137 for5 1 4 1 5 8 1291 1887 46 29 96.762138 thes 1 4 1 5 9 1348 1888 105 36 96.940666 patients 1 4 1 5 10 1463 1896 30 21 96.890808 as5 1 4 1 5 11 1505 1889 64 28 95.936028 wells 1 4 1 5 12 1582 1897 29 20 95.936028 as5 1 4 1 5 13 1624 1890 45 27 96.803810 thes 1 4 1 5 14 1680 1890 122 28 67.696777 doctor. [Exhibit A, p. 10] 2. Dr. Wexler: I'd5 1 4 2 1 5 1078 1997 49 28 92.258308 says 1 4 2 1 6 1138 1988 17 29 96.837898 95 1 4 2 1 7 1166 1993 49 24 93.964432 outs 1 4 2 1 8 1225 1988 34 29 96.443573 of5 1 4 2 1 9 1270 1989 33 28 96.916519 105 1 4 2 1 10 1314 1989 118 37 96.738235 patients5 1 4 2 1 11 1444 1990 55 28 96.620216 that5 1 4 2 1 12 1510 1990 55 28 96.620216 I've5 1 4 2 1 13 1576 1995 48 32 96.420677 puts 1 4 2 1 14 1635 1999 37 20 96.823822 on5 1 4 2 1 15 1683 1991 46 29 96.640465 thes 1 4 2 1 16 1740 1992 91 28 96.469467 active5 1 4 2 1 17 1843 1992 156 36 96.999924 ingredient4 1 4 2 2 0 664 2036 1333 38 -1 5 1 4 2 2 1 664 2036 122 37 96.679512 stopped5 1 4 2 2 2 802 2036 93 36 96.679512 losing5 1 4 2 2 3 911 2036 60 28 96.666374 hairs 1 4 2 2 4 985 2036 55 28 96.792953 ands 1 4 2 2 5 1055 2036 58 29 97.005333 that5 1 4 2 2 6 1128 2037 83 28 96.950966 alone5 1 4 2 2 7 1226 2037 23 28 96.553978 is5 1 4 2 2 8 1265 2045 34 20 96.877731 an5 1 4 2 2 9 1315 2037 124 37 96.775558 exciting5 1 4 2 2 10 1456 2043 155 24 96.224510 statement.5 1 4 2 2 11 1641 2039 11 27 96.224510 I5 1 4 2 2 12 1666 2039 80 28 96.758736 thinks 1 4 2 2 13 1761 2040 57 27 93.203300 that5 1 4 2 2 14 1834 2039 124 29 91.883919 Omexin5 1 4 2 2 15 1975 2040 22 28 96.063812 is4 1 4 2 3 0 663 2082 1335 39 -1 5 1 4 2 3 1 663 2082 89 37 96.700897 going5 1 4 2 3 2 766 2088 28 22 96.700897 to5 1 4 2 3 3 809 2082 36 28 96.415375 be5 1 4 2 3 4 858 2091 15 19 96.415375 a5 1 4 2 3 5 886 2082 160 29 96.837189 wonderful5 1 4 2 3 6 1060 2087 148 24 96.481781 treatments 1 4 2 3 7 1221 2082 44 29 97.016960 for5 1 4 2 3 8 1277 2084 104 36 96.801613 peoples 1 4 2 3 9 1393 2084 67 28 96.920334 who5 1 4 2 3 10 1474 2092 45 21 96.043961 ares 1 4 2 3 11 1533 2085 115 36 95.824326 starting5 1 4 2 3 12 1672 2090 29 23 95.824326 to5 1 4 2 3 13 1714 2085 62 28 96.756706 loses 1 4 2 3 14 1789 2085 69 33 96.681152 hair,5 1 4 2 3 15 1873 2086 65 28 96.906067 who5 1 4 2 3 16 1953 2094 45 20 96.740311 area 1 4 2 4 0 664 2127 1335 41 -1 5 1 4 2 4 1 664 2127 97 37 96.762215 seeing5 1 4 2 4 2 772 2128 124 36 96.594635 changes5 1 4 2 4 3 908 2128 28 28 96.594635 in5 1 4 2 4 4 948 2128 71 29 96.265762 theirs 1 4 2 4 5 1028 2128 60 29 96.265762 hairs 1 4 2 4 6 1099 2129 54 28 96.927460 ands 1 4 2 4 7 1165 2129 65 29 96.678566 who5 1 4 2 4 8 1243 2134 65 24 95.872528 starts 1 4 2 4 9 1320 2135 29 23 95.872528 to5 1 4 2 4 10 1361 2138 50 20 96.978745 uses 1 4 2 4 11 1423 2130 20 28 96.892303 it5 1 4 2 4 12 1455 2130 86 37 96.846344 early,5 1 4 2 4 13 1554 2131 54 28 96.954079 ands 1 4 2 4 14 1621 2131 64 36 96.916306 they5 1 4 2 4 15 1699 2139 52 20 96.835808 cans 1 4 2 4 16 1763 2136 117 32 96.328949 prevents 1 4 2 4 17 1892 2131 107 29 96.895142 further4 1 4 2 5 0 662 2174 1335 41 -1 5 1 4 2 5 1 662 2175 60 28 96.814453 loss5 1 4 2 5 2 736 2183 30 20 96.982124 as5 1 4 2 5 3 780 2174 66 29 96.270279 wells 1 4 2 5 4 859 2183 31 20 97.001663 as5 1 4 2 5 5 902 2174 130 38 96.414330 possibly5 1 4 2 5 6 1045 2175 66 37 95.997108 gains 1 4 2 5 7 1124 2184 63 20 95.997108 news 1 4 2 5 8 1200 2175 67 29 96.737305 hair.5 1 4 2 5 9 1292 2175 10 29 96.875336 I5 1 4 2 5 10 1315 2175 79 30 96.935547 thinks 1 4 2 5 11 1407 2176 41 29 95.698586 it's5 1 4 2 5 12 1462 2176 86 38 96.972580 going5 1 4 2 5 13 1561 2182 28 24 97.008026 to5 1 4 2 5 14 1602 2177 35 29 96.923492 be5 1 4 2 5 15 1651 2186 15 20 95.512779 a5 1 4 2 5 16 1678 2183 77 32 95.512779 great5 1 4 2 5 17 1768 2178 108 29 96.794273 benefits 1 4 2 5 18 1888 2184 28 23 96.993408 to5 1 4 2 5 19 1929 2178 68 29 96.994118 both4 1 4 2 6 0 662 2221 877 39 -1 5 1 4 2 6 1 662 2229 66 21 96.537872 mens 1 4 2 6 2 741 2222 55 28 95.103424 ands 1 4 2 6 3 808 2229 115 21 96.908417 women5 1 4 2 6 4 935 2221 68 29 96.625977 with5 1 4 2 6 5 1015 2221 130 37 96.976173 thinning5 1 4 2 6 6 1156 2222 84 29 94.974197 hair. [Exhibit A, p. 11] 3. Dr. Wexler: Omexin5 1 4 3 1 5 1159 2278 23 28 96.925743 is5 1 4 3 1 6 1195 2278 46 29 96.882858 thes 1 4 3 1 7 1252 2278 62 29 96.696976 firsts 1 4 3 1 8 1325 2279 120 37 96.571693 products 1 4 3 1 9 1457 2280 57 28 96.800713 that5 1 4 3 1 10 1525 2280 11 28 95.320084 I5 1 4 3 1 11 1548 2288 53 20 95.320084 cans 1 4 3 1 12 1613 2289 50 28 96.115097 says 1 4 3 1 13 1675 2280 68 28 96.979317 with5 1 4 3 1 14 1756 2281 175 28 96.578720 enthusiasm5 1 4 3 1 15 1944 2289 53 21 96.813858 can4 1 4 3 2 0 662 2325 861 39 -1 5 1 4 3 2 1 662 2331 63 31 96.220192 stops 1 4 3 2 2 738 2325 60 29 96.703979 hairs 1 4 3 2 3 809 2326 60 28 96.167648 loss5 1 4 3 2 4 881 2326 54 28 96.795403 ands 1 4 3 2 5 947 2332 131 30 96.590775 promotes 1 4 3 2 6 1090 2327 134 35 95.290794 growth. [Exhibit A, p. 20] PAR. 5. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisement attached as Exhibit A, respondent has represented, directly or by implication, that: A. Omexin contains an ingredient that curtails hair loss for a large majority of balding men and women.

PATRICIA WEXLER, M.D. 851 849 Complaint B. Omexin contains an ingredient that promotes the growth of significant numbers of new, pigmented terminal hairs where hair has previously been lost for a significant number of balding men and women.

C. Omexin contains an ingredient that has been scientifically proven to curtail hair loss for a large majority of balding men and women.

D. Omexin contains an ingredient that has been scientifically proven to promote the growth of significant numbers of new, pigmented terminal hairs where hair has previously been lost for a significant number of balding men and women. PAR. 6. In truth and in fact:

A. Omexin does not contain an ingredient that curtails hair loss for a large majority of balding men and women. B. Omexin does not contain an ingredient that promotes the growth of significant numbers of new, pigmented terminal hairs where hair has previously been lost for a significant number of balding men and women.

C. Omexin does not contain an ingredient that has been scientifically proven to curtail hair loss for a large majority of balding men and women.

D. Omexin does not contain an ingredient that has been scientifically proven to promote the growth of significant numbers of new, pigmented terminal hairs where hair has previously been lost for a significant number of balding men and women. Therefore, the representations set forth in paragraph five were, and are, false and misleading, and respondent knew or should have known that said representations were, and are, false and misleading. PAR. 7. Through the use of the statements contained in the advertisements and promotional materials referred to in paragraph four, including but not necessarily limited to the advertisement attached as Exhibit A, respondent has represented, directly or by implication, that at the time she made the representations set forth in paragraph five, she possessed and relied upon a reasonable basis for such representations, consisting of an actual exercise of her Complaint 115 F.T.C.

represented expertise in the treatment of hair loss, in the form of an examination or testing of Omexin at least as extensive as an expert in that field would normally conduct in order to support the conclusions presented in the endorsement.

PAR. 8. In truth and in fact, at the time she made the representations set forth in paragraph five, respondent did not possess and rely upon a reasonable basis for such representations. Therefore, respondent’s representation as set forth in paragraph seven was, and is, false and misleading.

PAR. 9. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices and the making of false advertisements in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act. EXHIBIT A CAN YOU BEAT BALDNESS? LOOKING CLOSER As Recorded 7/7/88 Roberta Morgan (VO) (OVER SHOTS OF BALD MEN IN STREET) To just be told your hair is falling out, and there’s nothing wrong with you, and there’s nothing we can do about it, is about the most distressing news you could receive.

Brian Cristiano (VO) (OVER SHOTS OF BALD MEN) You say, Oh my God, is that going to happen to me too? My brother went bald; my father is completely bald.

Cut to Brian (OC) So you kind of know what’s happening, but you don’t want it to happen. (IMAGE FREEZES) SUPER - IT DOESN’T HAVE TO HAPPEN! Announcer (VO) Maybe it doesn’t have to happen.

Joe Baldwin (SOT) Since I started using the Omexin, it stopped falling out and started growing back. Alex Jimenez (SOT) This used to be a bald spot back here and it’s almost completely covered up now. Jonathan Avner (SOT) With the Omexin, it started growing hairs below my hairline. In effect, starting to drop the hairline.

PATRICIA WEXLER, M.D. 853 849 Complaint Roberta Morgan (SOT) I had a tremendous amount of loss through here and in here. I do feel I’m well on the road to recovery now, thanks to the Omexin. (IMAGE FREEZES) (DISSOLVE TO 20 SEC. TEASER SPOT) (ANNOUNCER VO; SUPER CRAWL OF HIS WORDS) ANNCR (VO) The following program will give you news of a product unlike anything else available anywhere for stopping hair loss and actually reversing balding by growing new hair. How is this product different? It works, while the others don’t! This program presents the facts. We are repeating this broadcast in response to viewer demand.

(SPLIT SCREENS OF USERS; MUSIC STARTS) Joe Campanella (VO) (OVER SPLIT SCREENS - SUPER: CAN YOU BEAT BALDNESS?) Can anything really stop hair loss and grow hair back? Is Omexin as effective as people are saying it is? We’ll discover the facts about beating baldness. (PROGRAM LOGO ANIMATES) (DISSOLVE TO HOST IN STUDIO) Joe Campanella Welcome to “Looking Closer.” I’m Joseph Campanella. Our show will be exploring some of the innovations, ideas and trends in the news and on our minds. One thing that’s very much on our minds and very dear to our hearts is our hair. One-half of all men can expect substantial baldness or hair thinning as they grow older, and many will start losing their hair while still young -- as early as their teenage years. Even though it’s called male pattern baldness, many women will lose much of their hair as well. The good news is that you may not have to be resigned to the inevitable anymore. In early 1987, news of the discovery of a substance that reportedly would stop hair loss and grow hair back on balding heads with unprecedented success emerged from the laboratories of an innovative young medical firm. Wall Street insiders were among the first to get wind of this scientific breakthrough. The company went public, and Wall Street responded! News of this new product began to filter through to the press. That product is called Omexin, and it’s the subject of our show today.

Is Omexin the breakthrough it’s being heralded to be? Does it really work? We’re going to look for solid proof of the answers to those questions. To help us, we’ve assembled a distinguished panel of highly-qualified experts on hair loss, all of whom are familiar with this new product. (CU DR. VICTOR ON LARGE SCREEN ON WALL OPPOSITE HOST) First, Dr. Steven Victor is a dermatologist and hair loss specialist in New York who has been testing Omexin.

(CU DR. WEXLER ON LARGE SCREEN. DR. VICTOR IS SEEN ON ONE OF THE SMALL SCREENS) Dr. Patricia Wexler, a board-certified specialist in internal medicine as well as dermatology, has been conducting a controlled study and clinical trials of Omexin. Complaint 115 F.T.C.

Joe Campanella Doctors, thank you for being here. I°ll have questions for you shortly. And please feel free to jump into the conversation at any time. The definitive book on baldness and its cure is aptly named “The Bald Book.” The author is Walter Klenhard, and he rounds out our panel of experts.

(CU WALTER KLENHARD ON LARGE SCREEN;

REST OF PANEL ON SMALL SCREENS) Walter, why did your write “The Bald Book?” Walter Well, I think the answer to that question should be obvious. I wanted to put some hair on my head.

Joe Campanella You present a lot of facts in your book. Where do those facts come from? Walter Well, I was interested in the subject like I think all bald people are, and I spent 4 years researching the subject to write the book, “The Bald Book.” I went across the country. I talked to everybody involved in the hair industry, from people selling treatments to research scientists busy in the laboratories trying to find a cure for baldness, people selling hairpieces to doctors who do transplants and the result of that research was the book, “The Bald Book.” Joe Campanella Thank you, Walter.

And finally, we invited John Hylan, the President of the Omexin Research Center, to join us. While hardly impartial--he does, after all, represent the manufacturer-he’s here as well to answer our questions.

(CU JOHN HYLAN ON LARGE SCREEN;

REST OF PANEL ON SMALL SCREENS) So that’s our distinguished panel; I’ll be seeking answers from them to some tough questions about baldness and Omexin shortly. But first, let’s take a brief look at the problem. It hurts to lose your hair at a young age. Cristiano (SOT) I started losing my hair when I was eighteen. Which was ...it’s kind of scary, you know? Losing your hair is bad enough, but at a young age it’s even worse. Weissberg (SOT) I’m not sick, I have no health problems, I have no reason to fell I’m an old man. But then when I look in the mirror, I’m under 40, why should I feel I’m, ...I look over 40, when I’m under 35? Maldanado (SOT) Embarrassed, to say the least. I felt very embarrassed about it. Very embarrassed. I think it’s one of the worst things for a man to have to happen to him, is to lose his hair.

Joe Baldwin (SOT) When my hair started thinning in high school, J started wondering. Am I going to look like my father when he graduated high school in the fifties? Because he was already bald by then.

PATRICIA WEXLER, M.D. 855 849 Complaint Walter (SOT) Our image of male attractiveness always is a man with hair. The movie star that gets the girl has hair, the guy without hair gets to play Mr. Whipple. Avner (SOT) It is devastating to you, whether you’re a man or a woman, it is devastating. Roberta Morgan (SOT) When I would come and see Dr. Wexler, I would probably spend a good half of every visit crying. I would swear I wasn’t going to but my eyes would just start to fill up and ...it’s just very deep pain to me. Joe Campanella Now, we’re not saying that baldness is necessarily bad, or something to be ashamed of, but it certainly seems that given the choice, most balding people would prefer to keep the hair they’ ve got and would be delighted to get back the hair they’ ve lost. The search for a cure is as old as history. In ancient Egypt, they laid pigeon droppings on their scalps. Even Hippocrates, the father of medicine, had his own recipe for a cure. And ever since, there’s been a steady stream of treatments, potions and contraption swearing they’ll invigorate the scalp, prevent baldness and make what’s gone today, hair tomorrow. Baldness is still a growth industry. They’ re busy trying to beat it all over the globe. But the sad truth is that virtually everything being sold for baldness, even today, just doesn’t seem to work. Walter Klenhard, let’s get right to the bottom line. Is there anything out there that really works? Walter Up until Minoxydil you cannot say there was anything out there that could grow hair on a bald head. J just didn’t find anything that convinced me that it would work and I wanted to find something. I mean, I looked at everything out there and I looked at it objectively. Nothing I could find really offered a viable treatment for people suffering from male pattern hair loss. Joe Campanella Are you saying there’s something else legitimate of the market? Walter Now there’s another product called Omexin. I’ve spoken to some doctors who are conducting the first trials for this right now and they said the results they’re getting are very promising.

Joe Campanella What does “promising” mean? Is Omexin really a breakthrough? Walter If the results that the doctors are seeing now, the ones I’ve spoken to, conducting theses studies, hold true (and there’s no reason to think that they won’t), then | think you could safely say that Omexin will be the next breakthrough after Minoxydil.

Joe Campanella John Hylan. I think I first heard about Omexin in the Wall Street Journal quite some time ago. And I’ve also seen it mentioned in articles in Playboy and Omni. Why hasn’t Omexin been available? Complaint 115 F.T.C.

Hylan (SUPER: JOHN HYLAN, PRESIDENT, OMEXIN RESEARCH CENTER) Well, Mr. Campanella ...

Joe Campanella Please ...it’s Joe.

Hylan Ok ...Joe ...We wanted to research Omexin’s effectiveness thoroughly first --it takes time to do valid research, you know.

Campanella And now? Hylan Well, our research is still going on --but ...it has gone far enough to show that Omexin works. We know now that Omexin really does stop hair loss and does grow hair back, so we decided not to wait any longer, and we are now making Omexin available to the public.

Campanella What’s the hurry? Hylan If you were losing your hair, Joe, you wouldn’t ask that question! Campanella We're going to take a closer look at your research and see just what is does show ina minute. But first, John, tell us --how does Omexin work? Hylan There’s a widely-held theory that loss of blood supply to the affected hair follicles is a factor in male-pattern baldness. Now we discovered and patented a safe, natural formula --Omexin, that in laboratory tests, actually increased the blood supply in fertile chicken eggs. So we got the idea to test it for baldness, and it worked! No, we don’t know if that’s the reason Omexin grows hair, but we sure do know that it does.

Campanella And you can prove that? Hylan Absolutely! To prove that Omexin really works, we’ve done thorough, extensive testing using medically sound methods and applying the highest scientific standards.

Campanella Excuse me, John, give us an example.

Hylan Omexin’s now being tested in a double-blind study being conducted by a major university Medical Center Hair Clinic, which is, in fact, the same clinic that conducted the testing on Minoxydil.

Campanella What do you mean by “double-blind” study? Hylan It’s a particularly stringent kind of scientifically valid controlled test. PATRICIA WEXLER, M.D. 857 849 Complaint Campanella Dr. Victor, what kind of testing are you now conducting with Omexin? Dr. Victor We have several tests on Omexin. We have what we call an open study where we have about 450 men and women who range in age from 18 actually up to 83, who apply the product regularly. Now what we see in that group is that 90 percent of our patients will tell us they stopped losing hair, some within a week, some within a month.

Dr. Victor (VO) (NURSE AND PATIENT IN EXAMINING ROOM) Then, on the other side of the coin, we have very controlled scientific studies. We have 2 groups. We actually take the men who are bald. We tattoo theirs scalp and we have them apply the Omexin in the balding area every day, twice a day. Now, every month they come back and we count the numbers of hairs that grow in the area where we tattooed their scalp.

Nurse ] already see an increase in the hairs.

Patient Substantial ... Or ...

Nurse Well, it seems to be. The hair seems to be a lot thicker now. Dr. Victor (VO) (DR. VICTOR JOINS NURSE AND PATIENT) We can actually see if there’s an increase in hair growth, hair falling out, new hair, vellous hair, new thick hair, terminal hairs. Dr. Victor (OC) So far, the studies have shown that these men are growing new hair. Campanella What are your initial impressions of Omexin? Victor I think in Omexin, we have for men and women a new safe product that they can apply that will stop the hair from falling out, and in a fair number of patients, probably up to 70%, will start growing some new hair. Campanella I must say, the test volunteers we’ ve spoken with seem to agree. Jim Conte I started using the Omexin and I started to notice results right away. The results I’ve seen is that I have grown hair and that I have stopped losing hair. Joe Baldwin Omexin stopped my hair from falling out, and it started it to growing back to the way it used to be.

Tony Maldonado I’m going to tell you something. I’m very excited about it. If I can have this much hair grow back, I’m very excited. Because there was nothing there. Literally nothing there.

Complaint 115 F.T.C.

Weissberg’s Barber This entire part of Steven’s hair had been bald. Since I’ve been taking care of him for a long period of time, within the period of 6 months, this entire section grew in. I have never seen this in my experience and I’ve been in this business an awful long time.

Campanella Dr. Wexler, what about your research? Dr. Wexler We have patients in both a double-blind study and using what we consider to be a very active ingredient, and what we’ ve seen is that patients are ceasing to lose their hair very quickly within starting Omexin and then within a short time after, they start seeing new hair appear. It’s not just a fuzz, we’re seeing actual pigmented terminal hair, which is very exciting for the patient as well as the doctor. Campanella Really.

Dr. Wexler They’re really excited. These are people who had given up on growing back hair or stopping their loss. And patients on Omexin are excited about the program (sic) they’ ve made.

Campanella Give us an example Dr. Wexler Okay. I have a patient, Roberta, who came to the office 6 months ago with a dramatic thinning of her hair. You could see her scalp through her dark hair and she was very devastated by it.

(CUT TO DR. WEXLER EXAMING ROBERTA) Roberta .. hairline was receding...

Dr. Wexler (SOT) Okay, we’re going to do what we usually do, which is just try to pull on a few of the hairs to see how many are coming out.

Roberta It feels much healthier; the hair feels much better. Dr. Wexler I’m not getting any, which is a very good sign. Roberta That’s wonderful. I think we got about 10 in the beginning. Dr. Wexler We used to get a clump every time we pulled. Dr. Wexler And within 2 months of being on Omexin, her hair stopped falling out and now that she’s been on it for 6 months, she has her entire head of hair back and she’s really happy and very confident about herself now. Campanella And what are your initial impressions of Omexin? PATRICIA WEXLER, M.D. 859 849 Complaint Wexler I'd say 9 out of 10 patients that I’ve put on the active ingredient stopped losing hair and that alone is an exciting statement. I think that Omexin is going to be a wonderful treatment for people who are starting to lose hair, who are seeing changes in their hair and who start to use it early, and they can prevent further loss as well as possibly gain new hair. I think it’s going to be a great benefit to both men and women with thinning hair.

Campanella You know, I’m getting the point here: Omexin really does grow hair. Dr. Victor, how quickly does Omexin work? Dr. Victor In Omexin, we’ve seen results as far as hair stop falling out as early as a week but we’ ve seen that basically, the majority of patients get a good result within 3 weeks. Campanella Wow! Dr. Wexler, what about your patients? Dr. Wexler Typically, the patients who I’ve given Omexin to, who are responding quickly --and within 1 month there is a change in their hair pattern. It’s either less loss or new growth or both but it’s a quick response.

Campanella Thank you, Doctors. You’ve been very helpful...and very convincing. It sure sounds like proof to me.

Hylan Actually, Joe, what you’ve heard is a group of truly expert doctors reporting on their own extensive observations of their patients. That, by itself, doesn’t constitute scientific proof. But from our double-blind study, we have that proof, as well. Our study proves that Omexin stops hair loss and grows hair. Campanella Our experts and I will be back, after this. Maldonado It took 2 months for this to grow back. And I can honestly say there was nothing there to begin with. But now I have hair from using the product. And I am very, very happy and very pleased with it.

Cristiano Look at all the hair I grew right here. The crown area -- this was so thin and it grew back. It’s so much better. Even my girlfriend -- who’s a hair stylist --said that it’s like so much healthier hair, that’s it’s unbelievable. I’m very happy with it. Weissberg I’ve been using Omexin for about 8 to 9 months and I saw results after the first 2 weeks but I really started to see results after 4 weeks. I literally saw new hairs growing where there was a bald spot.

Roberta I just wanted to say that I think the Omexin is a blessing. I mean, for people like me, it was a godsend and I haven’t used anything but that. And it alone, on its own, Complaint 115 F.T.C.

has brought back my hair and that has brought back a great deal of happiness to me, to my life, and I’m thrilled with it.

LOOKING CLOSER LOGO VIDEO: Stark B+W title: (pop on) The Question: (pop on) What Can You Do About Thinning Hair? AUDIO: The question: What Can You Do About Thinning Hair? VIDEO: Stark B+W title: The Answer:

(Answers Pop On, Then... Fade Out) A Hairpiece?? AUDIO: A Hairpiece? VIDEO: Stark B+W title: Hair Transplants?? AUDIO: Hair Transplants? VIDEO: Stark B+W title: Drugs?? AUDIO: Drugs?... No, these answers aren’t practical for most men - they’re expensive, and can be painful or aesthetically unpleasant. VIDEO: Stark B+W title: The Answer: (Answer Pops On, Then Fades Out) Over- The-Counter Preparations? AUDIO: What about...over-the-counter preparations? The sad fact is, they just don’t work! But now... there’s a new answer! VIDEO: Stark B+W title: (snap on) OMEXIN VIDEO: Dissolve through to... Omexin product. The answer is Omexin... newly discovered at the cutting edge of science, completely safe, yet powerfully effective... VIDEO: dissolve to...Multi-image screen of testifiers, research shots, and graphics from the show, Omexin has been scrupulously tested by dermatologists, and clinicians, and by thousands of grateful individuals. The test results and the personal stories speak for themselves.

VIDEO: Cut back to...Omexin product.

The bottom line may be the most powerful statement in the history of thinning hair - it’s just two words:

VIDEO: Wipe on bold title - OMEXIN WORKS! Omexin Works! VIDEO: Pull out from Omexin product to the three-part system. The Answer couldn’t have been simpler. The Omexin System is based on the Omexin Active Treatment, a fine white cream which you simply massage into the affected areas daily. You'll also use the carefully formulated, gentle Omexin Shampoo and Omexin Conditioner. The total System helps care for your hair, insuring maximum benefits from the treatment and keeping your hair looking better than ever before.

VIDEO: Dissolve on 800#.

To start using Omexin couldn’t be a simpler decision to make, VIDEO: Fade on Super: Unconditional 30-Day Money Back Guarantee. because Omexin is backed with an absolutely unconditional 30 day moneyback guarantee. Omexin works for the vast majority of people, but if you’re PATRICIA WEXLER, M.D. 861 849 Complaint not satisfied with your results, for any reason, you get your money back. No question asked. It’s that simple.

VIDEO: Hold on 800#. Dissolve on Info Panel. And getting the Omexin System couldn’t be simpler, either,. Just dial the toll free number on your screen. Your first 30 day supply of Omexin, the revolutionary, scientific solution to the hair-loss problem is just $49.95. Complete! Call now: 1-800-777-7777. Please have your credit card number ready. Sorry, no COD’s.

VIDEO: Omexin P.O. Box 9010 Southampton, N.Y. 11968 Or, send Check or Money order for just $49.95 plus $4.00 for shipping and handling to this address. Call now: 1-800-777-7777. VIDEO: Back to Omexin product. Super: It works. Omexin. The Answer. It Works.

Campanella Welcome back. I’m Joesph Campanella and if you’ve just joined us today on “Looking Closer,” we are talking about a new product called Omexin, which has just been made available for sale to the public. It reportedly has stopped the balding process in a high percentage of test subjects and even re-grown healthy new hair for a large number of men and women of all ages. But is that news? What about all the other products on TV that are claiming to grow hair? Is Omexin any differnt or any better? I’m going to ask all four of our experts to respond. Polysorbate products like Helsinki Forumla, for instance, have gotten a lot of attention lately. Walter Klenhard, do they grow hair? Walter Well, polysorbate products have had a great deal of popularity in recent years. | spent a lot of time investigating them, and I could really find no eveidence to support their claims as being an effective treatment for male pattern hair loss. There’s a number of names: there’s the Helsinki Formula, Pantron I; there’s New Generation and others. I couldn’t find anybody who had grown a decent head of hair using this stuff. And, in fact, some of the studies that have been done -- one at the University of California -- concluded that it was not an effective treatment for male pattern hair loss.

Dr. Wexler They talk about penetration of the hair shaft and the hair follicle. But really, what they’re doing, is they’re adding a coating to the hair that makes the hair look thicker, but it’s not growing hair. And it’s not preventing hair loss. There’s no data to support that.

Dr. Victor We found that over the years, all the patients who try them for months or for years -- that I’ve seen in the practice -- did not have any hair loss that stopped. Didn’t grow any new hair. And actually were disappointed in the products. Complaint 115 F.T.C.

Walter None of the doctors I’ve talked to either say that there’s anything in the product that would help prevent hair loss.

Hylan They simply don’t work. And the sad part is that people are spending hard-earned mony for these products.

Campanella What about their theory that baldness is cured (sic) by an oily scalp, which clogs the hair follicles? Walter The theory that male pattern baldness is caused by clogged hair follicies, really doesn’t hold any water. That suggest that oil and pollution and general dirt and grime combine together to clog up the follicies on your scalp, and the hair can’t grow. All you have to do is go down to any downtown area of any major city, and take a look at all the bums and winos down there who probably shampoo their hair once a year, if that, and they’re not bald. They’ve got full heads of hair. These follicles aren’t clogged -- why would these become clogged? The fact that a hair transplant is effective, that you can take a follicle from here and put it on the top will grow. It doesn’t become clogged again. So, clogged follicles and dirt and dust and stuff on the scalp really isn’t a cause for hair loss. Campanella Thank you, Walter, and thank you, doctors. Well, if Omexin does truly stop hair loss and start hair growing again, and if it’s true, as our experts say, that the other advertised products don’t really work, I’d say it looks like we may have some real news here. John Hylan, where can our viewers find Omexin? Hylan They don’t have to find it; they just call our toll-free number [ALT: We’ll send them an initial 30-day supply. Thereafter, we'll send a fresh 60-day supply automatically, every other month. They’ll never have to worry about running out of the product. And of course, they can cancel anytime.] Campanella What if Omexin doesn’t work for someone? Hylan Joe, that’s an important point and I’m really glad you asked that question. We haven’t forgotten that the flip side of “Omexin works for the vast majority of people” is that it doesn’t work for a few. But we don’t want consumers to risk anything: we assume that risk. So, Omexin is backed by an unconditional 30-day money-back guarantee. Our customers have to be completely satisfied --and they can define satisfaction any way they want. If they’re not satisfied, they simply call our toll-free number and get their money back. It’s absolutely risk-free. Campanella One final concern: Just how safe is Omexin? PATRICIA WEXLER, M.D. 863 849 Complaint Hylan Extensive safety testing has been done, much of it by Eli Lilly & Company, a giant pharmaceutical firm. And the tests have established that Omexin has no side effects. There are no adverse reactions. It’s a proven fact. Omexin is safe. Campanella I’d like to ask each of the experts for their final comments about Omexin. Dr. Victor Up until now, all over the counter products and all the products sold on TV haven’t really worked. Now, Omexin is a product that can stop hair loss and grow hair for a vast majoriy of people.

Dr. Wexler Omexin is the first product that I can say with enthusiasm can stop hair loss and promote growth.

Dr. Victor What is particularly good about Omexin, for a man or a woman in their early 30's or 20's, with just beginning to thin. If they start using the product religiously, they can stop the hair from falling out. And they can retain the hair they have and remain that way for the rest of their lives. Walter Well, anytime a treatment like a treatment like Omexin comes along, where legitimate doctors and scientists are conducting trials; they’re using it, they’re reporting positive results-- this is very good news. It’s very exciting news. Hylan This is certain. For the vast majority of people, Omexin stops hair loss. And the most of them are going to grow their hair back. Wexler As a doctor, being able to give Omexin means that I can now tell patients who were going to go bald, that they no longer have to do that, and that they can now use a product that can stop their hair loss.

Dr. Victor I think in Omexin we have, for men and women, a new safe product they can apply that will stop the hair from falling out and in a fair number of patients, probably up to 70% will start growing some new hair. When I say new hair, my concept of new hair is hair you can look in the mirror and actually see. If you can’t see it, it’s not new hair to me.

Campanella Is Omexin the baldness breakthrough that will enable you to beat fate and overcome your genes? We’ ve heard and seen a lot of solid evidence in this program. It has come from highly qualified doctors and experts, and from serious, thoughtful people who had a problem and got some real help. There are hundreds of test subjects who are growing hair today where there was none before. And that’s a fact. The experts we heard from today have convinced me that Omexin really does work, and may just be the best thing currently available to maintain the head of hair you already have, and bring back the hair you’ ve lost. Omexin just might be worth trying, with that money back guarantee, you’ve got nothing to lose, I guess. -- Complaint 115 F.T.C.

Except your hair, of course, if you prefer to just let nature have its way. And if that’s your choice, well, it’s not what’s on your head, it’s what’s in it. I’m Joseph Campanella. Thanks for looking closer with me. Cheryl] Yellin I noticed a tremendous change in his self-confidence. That was the first thing. Hairdresser He developed a lot more hair all back here, you know, in the front rather than in the back, you can see that still, all this hair is new growth as well. Weissberg Within the first two weeks of using Omexin, my hair stopped falling out. Avner I have experienced some real hair growth with Omexin. Roberta Morgan Since using the Omexin, it’s not only fuller, it’s prettier. It’s shinier, it’s bouncier. It feels a lot better.

Tony Maldanado You see something growing, something is happening, it really is. I can honestly say I’m very happy about it, and J know all my hair’s going to grow back. All of it. PROGRAM LOGO VIDEO: Stark B+W title: (pop on) The Question: (pop on) What Can You Do About Thinning Hair? AUDIO: The question: What Can you do About Thinning Hair? VIDEO: Stark B+W title: The Answer: (Answers Pop On, Then... Fade Out) A Hairpiece?? AUDIO: A Hairpiece? VIDEO: Stark B+W title: Hair Transplants?? AUDIO: Hair Transplants? VIDEO: Stark B+W title: Drugs?? AUDIO: Drugs?... No, these answers aren’t practical for most men - they’ re expensive, and can be painful or aesthetically unpleasant. VIDEO: Stark B+W title: The Answer: (Answer Pops On, Then Fades Out) Over- The-Counter Preparations? AUDIO: What about... over-the-counter preparations? The sad fact is, they just don’t work! But now... there’s a new answer! VIDEO: Stark: B+W title: (snap on) OMEXIN VIDEO: Dissolve through to... Omexin product. The answer is Omexin... newly discovered at the cutting edge of sceince, completely safe, yet powerfully effective... VIDEO: Dissolve to... Mutli-image screen of testifiers, research shows, and graphics from the show.

Omexin has been scrupulously tested by dermatologists, and clinicians, and by thousands of grateful individuals. The test results and the personal stories speak for themselves.

VIDEO: Cut back to... Omexin Product.

PATRICIA WEXLER, M.D. 865 849 Complaint The bottom line may be the most powerful statement in the history of thinning hair - it’s just two words:

VIDEO: Wipe on bold title - OMEXIN WORKS! Omexin Works! VIDEO: Pull out from Omexin product to the three-part system. The Answer couldn’t have been simpler. The Omexin system is based on the Omexin Active Treatment, a fine white cream which you simply massage into the affected areas daily. You'll also use the carefully formulated, gentle Omexin Shampoo and Omexin Conditioner. The total System helps care for your hair, insuring maximum benefits the treatment and keeping your hair looking better than ever before.

VIDEO: Dissolve on 800#.

To start using Omexin couldn’t be a simpler decision to make, VIDEO: Fade on Super: Unconditional 30-Day Money Back Guarantee. because Omexin is backed with an absolutely unconditional money-back guarantee. Omexin works for the vast majority of people, but if you’re not satisfied with your results, for any reason, you get your money back. No question asked. It’s that simple.

VIDEO: Hold on 800#. Dissolve on Info Panel And getting the Omexin System couldn’t be simpler, either. Just dial the toll free number now on your screen.

Your first 30 day supply of Omexin, the revolutionary, scientific solution to the hair-loss problem is just $49.95, complete! Call now: 1-800-777-7777. Please have your credit card number ready. Sorry, no COD’s. VIDEO: Omexin P.O. Box 9010 Southampton, N.Y. 11968 Or, send Check or Money Order for just $49.95 plus $4.00 shipping and handling to this address. Call now: 1-800-777-7777. VIDEO: Back to Omexin product. Super: It Works. Omexin. The Answer. It Works.

Decision and Order 115 F.T.C.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft complaint which the Bureau of Consumer Protection and the New York Regional Office proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and The respondent, her attorney, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of the complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by the respondent that the law has been violated as alleged in such complaints and waivers and other provisions as required by the Commission Rules; and The Commission having thereafter considered the matter and having determined that it has reason to believe that the respondent has violated said Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1. Respondent Patricia Wexler, M.D. ("Wexler") is or was at relevant times herein a medical doctor licensed to practice the State of New York, with a specialty in dermatology. Dr. Wexler's business address is 568 Broadway, New York, New York. After January 1, 1992, Dr. Wexler expects her new business address to be 461 Park Avenue South, New York, New York.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

PATRICIA WEXLER, M.D. 867 849 Decision and Order ORDER It is ordered, That respondent Patricia Wexler, M.D., and respondent's agents, representatives and employees, directly or through any partnership, corporation, subsidiary, division or other device, in connection with the endorsing, advertising, packaging, labeling, promotion, offering for sale, sale or distribution of any product or service in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from selling, broadcasting or otherwise disseminating, or assisting others to sell, broadcast or otherwise disseminate, in part or in whole, the program-length television advertisement for Omexin described and identified in the complaint as Cans 1 4 1 11 9 1675 1435 82 35 96.723923 You5 1 4 1 11 10 1792 1435 88 35 96.898636 Beat4 1 4 1 12 0 544 1488 220 35 -1 5 1 4 1 12 1 544 1488 220 35 94.215324 Baldness?”2 1 5 0 0 0 1189 1607 41 34 -1 3 1 5 1 0 0 1189 1607 41 34 -1 4 1 5 1 1 0 1189 1607 41 34 -1 5 1 5 1 1 1 1189 1607 41 34 57.039875 II.2 1 6 0 0 0 541 1719 1336 215 -1 3 1 6 1 0 0 541 1719 1336 215 -1 4 1 6 1 1 0 614 1719 1263 48 -1 5 1 6 1 1 1 614 1719 32 35 95.884499 It5 1 6 1 1 2 658 1720 30 34 95.884499 is5 1 6 1 1 3 692 1719 146 45 96.634842 furthers 1 6 1 1 4 848 1720 164 42 96.944717 ordered,5 1 6 1 1 5 1026 1722 88 35 96.117828 That5 1 6 1 1 6 1126 1723 214 44 96.117828 respondents 1 6 1 1 7 1354 1724 147 35 96.473526 Patricia5 1 6 1 1 8 1513 1725 153 41 93.187225 Wexler,5 1 6 1 1 9 1680 1726 113 41 92.185303 M.D.,5 1 6 1 1 10 1809 1727 68 34 96.971313 anda 1 6 1 2 0 541 1778 1336 50 -1 5 1 6 1 2 1 541 1778 244 43 95.986023 respondent's5 1 6 1 2 2 817 1785 134 38 96.593658 agents,5 1 6 1 2 3 982 1780 294 44 96.522713 representatives5 1 6 1 2 4 1308 1782 68 33 96.906303 ands 1 6 1 2 5 1406 1782 219 45 96.164360 employees,5 1 6 1 2 6 1657 1784 150 44 96.745468 directly5 1 6 1 2 7 1837 1795 40 23 96.292938 or4 1 6 1 3 0 541 1834 1336 50 -1 5 1 6 1 3 1 541 1834 152 46 96.432594 through5 1 6 1 3 2 713 1846 68 35 96.405426 any5 1 6 1 3 3 800 1836 232 45 96.614601 partnership,5 1 6 1 3 4 1052 1838 237 44 96.595268 corporation,5 1 6 1 3 5 1310 1839 212 45 96.781540 subsidiary,5 1 6 1 3 6 1542 1840 157 35 96.616447 divisions 1 6 1 3 7 1718 1852 41 23 96.520554 or5 1 6 1 3 8 1777 1842 100 33 96.873367 other4 1 6 1 4 0 541 1893 847 41 -1 5 1 6 1 4 1 541 1893 138 41 96.404625 device,5 1 6 1 4 2 696 1893 47 36 96.858398 do5 1 6 1 4 3 757 1893 182 36 96.260101 forthwith5 1 6 1 4 4 954 1905 105 24 96.321312 ceases 1 6 1 4 5 1074 1896 68 34 96.313782 ands 1 6 1 4 6 1158 1896 110 35 95.881477 desist5 1 6 1 4 7 1283 1896 105 35 96.687210 from:2 1 7 0 0 0 538 2010 1336 332 -1 3 1 7 1 0 0 538 2010 1336 332 -1 4 1 7 1 1 0 614 2010 1260 49 -1 5 1 7 1 1 1 614 2010 44 35 96.115891 A.5 1 7 1 1 2 698 2010 267 46 95.944504 Representing,5 1 7 1 1 3 981 2011 147 46 96.494980 directly5 1 7 1 1 4 1144 2023 39 24 96.957573 or5 1 7 1 1 5 1196 2013 46 45 96.808487 by5 1 7 1 1 6 1257 2013 235 46 96.783829 implication,5 1 7 1 1 7 1507 2013 37 36 96.499420 in5 1 7 1 1 8 1558 2015 215 35 96.662514 connections 1 7 1 1 9 1789 2016 85 34 96.822205 with4 1 7 1 2 0 539 2068 1335 51 -1 5 1 7 1 2 1 539 2068 58 35 97.014862 thes 1 7 1 2 2 611 2068 204 46 96.348351 endorsing,5 1 7 1 2 3 830 2069 226 46 96.890816 advertising,5 1 7 1 2 4 1072 2070 214 46 96.619446 packaging,5 1 7 1 2 5 1302 2071 167 46 96.769737 labeling,5 1 7 1 2 6 1485 2073 215 44 96.437325 promotion,5 1 7 1 2 7 1717 2073 157 46 96.550392 offering4 1 7 1 3 0 539 2125 1334 56 -1 5 1 7 1 3 1 539 2125 57 36 97.005669 for5 1 7 1 3 2 615 2126 86 41 96.834923 sale,5 1 7 1 3 3 723 2127 74 34 96.931244 sales 1 7 1 3 4 817 2137 40 24 96.985435 or5 1 7 1 3 5 876 2127 226 36 96.047958 distributions 1 7 1 3 6 1122 2128 42 35 93.281845 of5 1 7 1 3 7 1181 2128 156 36 92.344223 Omexin5 1 7 1 3 8 1358 2140 39 24 96.838280 or5 1 7 1 3 9 1417 2140 68 35 96.495216 any5 1 7 1 3 10 1505 2130 101 35 96.999588 others 1 7 1 3 11 1626 2127 247 54 96.439819 substantially4 1 7 1 4 0 540 2184 1332 50 -1 5 1 7 1 4 1 540 2184 136 35 95.842438 similar5 1 7 1 4 2 689 2184 77 36 96.823730 hairs 1 7 1 4 3 779 2185 74 35 96.901962 loss5 1 7 1 4 4 869 2191 185 30 96.812065 treatments 1 7 1 4 5 1067 2187 150 44 96.400734 products 1 7 1 4 6 1232 2197 41 24 96.400734 or5 1 7 1 4 7 1287 2187 147 41 96.221931 service,5 1 7 1 4 8 1450 2187 37 35 21.569191 in5 1 7 1 4 9 1501 2199 40 24 21.569191 or5 1 7 1 4 10 1579 2188 173 46 93.110344 affecting5 1 7 1 4 11 1774 2200 98 24 92.379311 com-4 1 7 1 5 0 538 2242 1335 41 -1 5 1 7 1 5 1 538 2252 131 31 95.954636 merce,5 1 7 1 5 2 686 2253 39 25 96.362160 as5 1 7 1 5 3 743 2242 239 36 81.971161 commerce" is defined in the Federal Trade Commission Act, that:

1. Such product or service contains an ingredient that can or will curtail hair loss;

2. Such product or service contains an ingredient that can or will promote the growth of new, pigmented terminal hair where hair has already been lost;

3. Such product or service contains an ingredient that has been scientifically proven to curtail hair loss; Decision and Order 115 F.T.C.

4. Such product, or service contains an ingredient that has been scientifically proven to promote the growth of new, pigmented terminal hair where hair has already been lost; 5. Such product or service can or will prevent, cure, relieve, reduce, or reverse hair loss;

6. Such product or service is an effective remedy for hair loss in a large majority of cases; or 7. Any test or study establishes that such product prevents, cures, relieves, reduces, or reverses hair loss.

For purposes of this order a substantially5 1 4 1 1 8 1480 1211 134 35 96.516006 similar5 1 4 1 1 9 1626 1211 75 34 96.912590 hairs 1 4 1 1 10 1714 1211 73 34 96.612961 loss5 1 4 1 1 11 1802 1216 185 29 96.935219 treatment4 1 4 1 2 0 648 1265 1337 49 -1 5 1 4 1 2 1 648 1268 149 46 96.842667 products 1 4 1 2 2 811 1278 40 25 95.922409 or5 1 4 1 2 3 865 1267 154 35 95.750748 service shall be defined as any product or service that is advertised or intended for sale over-the-counter to treat, cure or curtail hair loss and which contains omentum or any extract thereof. B. Representing, directly or by implication, in connection with the endorsing, advertising, packaging, labeling, promotion, offering for sale, sale or distribution of any other product or service in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, that:

1. The use of the product or service can or will prevent, cure, relieve, reduce, or reverse loss of hair;

2. The use of the product or service can or will promote the growth of new hair where hair has already been lost, 3. The product or service is an effective remedy for hair loss in a substantial number of cases; or 4. Any test or study establishes that the product or service prevents, cures, relieves, reduces, or reverses hair loss, unless the representation is true and, at the time of making the representation, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. For the purposes of this order, “competent and reliable scientific evidence" shall mean tests, analyses research, studies, or other evidence that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession or science to yield accurate and reliable results. Provided that, for any representation made by respondent as an expert endorser, respondent must possess and rely upon competent PATRICIA WEXLER, M.D. 869 849 Decision and Order and reliable scientific evidence, and an actual exercise of respondent's represented expertise, in the form of an examination or testing of the products or services at least as extensive as an expert in that field would normally conduct in order to support the conclusions presented in the representation.

Ii.

It is further ordered, That respondent Patricia Wexler, M.D., and respondent's agents, representatives and employees, directly or through any partnership, corporation, subsidiary, division or other device, in connection with the endorsing, advertising, packaging, labeling, promotion, offering for sale, sale or distribution of any product or service in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting, in any manner, directly or by implication, the existence, contents, validity, results, conclusions, or interpretations of any test or study.

IV.

It is further ordered, That respondent Patricia Wexler, M.D., and respondent's agents, representatives and employees, directly or through any partnership, corporation, subsidiary, division or other device, in connection with the endorsing, advertising, packaging, labeling, promotion, offering for sale, sale or distribution of any food, drug, device, or cosmetic, as those terms are defined in Section 15 of the Federal Trade Commission Act, 15 U.S.C. 55, in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from making any representation, directly or by implication, regarding the performance, benefits, efficiency or safety of, any such product unless at the time of making the representation respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. Provided that, for any representation made by respondent as an expert endorser, respondent must possess and rely upon competent and reliable scientific evidence, and an actual exercise of respondent's represented expertise, in the form of an examination or testing of the products or services at least as extensive Decision and Order 115 F.T.C.

as an expert in that field would normally conduct in order to support the conclusions presented in the representation. V.

It is further ordered, That respondent Patricia Wexler M.D., shall, for three (3) years after the date of the last dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission or its staff for inspection and copying:

A. All materials that were relied upon by respondent to substantiate any such representation;

B. All test reports, studies, or other materials in her possession or control that contradict, qualify, or call into question such representation.

VI.

It is further ordered, That Patricia Wexler, M.D., shall, for a period of six (6) years from the date of service of this order, promptly notify the Commission of the discontinuance of her present business or employment and of her affiliation with a new business or employment whose activities include, or in which her own duties and responsibilities involve, the advertising, endorsing, promotion, offering for sale, sale, or distribution of any food, drug, device, or cosmetic, as those terms are defined in Section 15 of the Federal Trade Commission Act, 15 U.S.C. 55. For each such new affiliation, the notice shall include the name and address of the new business or employment a statement of the nature of the new business or employment, and a description of respondent's duties and responsibilities in connection with the new business or employment. Vil.

It is further ordered, That Patricia Wexler, M.D., shall, within sixty (60) days after service of this order, and at such other times as the Federal Trade Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and form in which she has complied with this order.

BELAGE PLASTIC SURGERY CENTER, P.C., ET AL. 871 871 Complaint